The estimation of the damages in a wrongful death claim is often quite complex. Both the past and future family earnings must be estimated on an after-tax basis (both absent the accident and post-accident). Then each family member's beneficial share of the family income must be estimated, which often requires the use of published studies of family spending. Future losses need to be discounted to their present value and also to be adjusted for the joint survival probabilities of the deceased and of surviving family members. In addition, a loss of household services is usually estimated (for both the past and future). The entire set of future losses is used to estimate a tax gross-up and (often) an allowance for fund management. The effects on the losses of contingencies for absent accident divorce and post-accident remarriage may also have to be considered.
The Family Compensation Act allows parents to claim for pecuniary losses resulting from the death of their children. Typically, these losses arise because the parents anticipated that the deceased child would have taken care of them in their old age. There are often strong cultural expectations that this will occur, but the claim can be brought forward for any family if the evidence warrants it.
Call Kevin or Carol at 778-298-1781 to discuss your particular case. If you wish, we can deal directly with your client through a meeting or phone call.